Ramsay v Ramsay, 2015 ONSC 405
COURT FILE NO.: FS-06-210
DATE: March 3, 2015
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: April Ramsay, Applicant
AND
Jason Ramsay, Respondent
BEFORE: The Honourable Mr. Justice Martin James
COUNSEL: Self-Represented Applicant
Self-Represented Respondent
HEARD: Written Submissions
ENDORSEMENT
[1] This matter involves an application by Jason Ramsay to make adjustments to his child support obligations pursuant to the provisions of the Interjurisdictional Support Orders Act.
[2] Mr. Ramsay requests that:
a. He be given a credit of $650 to be applied against his March 2013 child support;
b. A credit of $1,186 representing one half of the cost of dental work performed while the party’s children were visiting Mr. Ramsay in the United States;
c. An order in advance of his children’s 18th birthdays that child support will be discontinued upon reaching 18 years of age.
The March 2013 Credit
[3] This request is dismissed. There was no 2013 income tax information supplied to establish his 2013 income. Child support is usually determined by reference to the annual income of the support payor. In fact, April Ramsay says that Jason Ramsay has consistently neglected to provide income verification documentation despite an obligation to do so.
[4] Last year Mr. Ramsay applied for, and was granted, a reduction in child support otherwise payable due to a 4 month period of unemployment from November 2012 to and including February 2013.
[5] Mr. Ramsay is ordered to provide to April Ramsay his income tax returns and all notices of assessment (or U.S. government equivalent documentation) for 2011, 2012 and 2013 within 60 days of the date hereof.
The Dental Work Claim
[6] Mr. Ramsay says he spent $2,372 for dental work for the children when they visited him in the summer of 2013. He claims for re-imbursement of half the cost.
[7] April Ramsay says that the children have full dental coverage in Canada and that Mr. Ramsay did not contact her or Dr. Thrasher (presumably their local dentist) prior to arranging for the dental work.
[8] It is not clear if Mr. Ramsay knew the identity of the children’s dentist so as to make enquiries but April Ramsay suggests that the dentist’s identity was known to him.
[9] April Ramsay offers no explanation why such dental work would be necessary if she has dental coverage for the children in Canada. In addition, Ms. Ramsay does not contest Mr. Ramsay’s assertion that the dental work was performed or that it was required.
[10] This type of expense is usually apportioned between the parents based on the ratio of their incomes. Mr. Ramsay says his income is U.S. $48,000 which was equivalent to CDN $52,320 in January 2014, the date he made his application. The conversion rate at the time the dental work was performed was 1.03 or CDN $2443.16.
[11] April Ramsay says her current income is about $6,000 a year and was $51,000 in 2013 but has not provided any corroborating information.
[12] It seems unusual that Mr. Ramsay would proceed to arrange for extensive dental work without some initial inquiries to April Ramsay respecting her willingness or ability to contribute to this cost.
[13] At any rate, because these expenses are generally proportional to income, Mr. Ramsay would be obliged to pay a substantial portion of the expense because Ms. Ramsay’s income is substantially lower than his.
[14] In the absence of better evidence with respect to advance consultation and the fact that Mr. Ramsay appears to be in default of his legal obligation to provide ongoing annual income information to Ms. Ramsay, I am dismissing this request for payment.
Advance Ruling
[15] Children do not automatically become disentitled from receiving child support when they turn 18 years of age if they are continuing in a dependency role. This usually relates to participation in post-secondary education whether at the university, college or trade school level. Parents have a continuing obligation to support their children if they remain in school after achieving the age of majority. Advance rulings providing for the termination of child support at some future date, in the absence of an agreement between the parents to do so, is not permitted.
[16] Accordingly this request is dismissed. It is open to Mr. Ramsay to re-apply after the children have achieved their age of majority if they are not continuing their education and are no longer dependents.
Respondent’s Claim
[17] April Ramsay says that Mr. Ramsay has not provided his income tax information on an annual basis as required for at least five years. As Ms. Ramsay points out, income information from an employer may not reflect the totality of a person’s income for the entire year. The first step in determining whether or not child support payments ought to be adjusted is to secure Mr. Ramsay’s income information as previously ordered and thereafter appropriate adjustments, if necessary, can be made.
Subsequent Developments
[18] After the preparation, but before the release of this endorsement, Mr. Ramsay filed documentation with the court respecting a change in residency for Bryston. I am not aware whether this documentation was served on April Ramsay before it was filed. I have not been provided with an affidavit of service.
[19] In addition, I am in receipt of an affidavit from Deborah Ramsay, Bryston’s grandmother, about his current and proposed living arrangements. This affidavit accompanied by an affidavit of service disclosing that it was served on April Ramsay on February 20, 2015.
[20] The issue of what child support arrangements ought to be made in light of this information is not part of the application currently before the court. This issue should be properly brought before the court in a fresh proceeding if the parties are unable to agree to any changes in child support arrangements that may be appropriate.
The Honourable Mr. Justice James
Date: March 3, 2015
COURT FILE NO.: FS-06-210
DATE: March 3, 2015
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: April Ramsay, Applicant
AND
Jason Ramsay, Respondent
BEFORE: Honourable Mr. Justice Martin James
COUNSEL: Self-Represented Applicant
Self-Represented Respondent
ENDORSEMENT
James, J.
Released: March 3, 2015